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Cell phones present varying criminal defense, privacy questions

Cell phones present varying criminal defense, privacy questions

People across the country are becoming more mobile. With more mobile technology and the advancement of GPS technology and digital logs stored on phones, people's privacy is more at risk than ever. Now, judges and lawmakers are trying to figure out how cell phones should be handles in criminal cases. Should authorities be able to use evidence including data and GPS information from an accused person's cell phone? Do authorities need a warrant?

Courts across the country have been differing on how existing laws might be applied to cell phones in these cases. Some have found that some aspects of cell phones might be admissible as evidence in a criminal case, while other aspects are not allowed without a warrant.

While legislators across the country, as well as federal lawmakers, work to clarify how cell phones can be used in criminal cases, including those here in New Jersey, it is important that people understand their rights if they are accused of a crime. Although cell phone evidence might not play a role in every case it is important to know how a cell phone record might affect your case.

Speaking with an experienced criminal defense attorney might be a wise decision for someone facing charges in New Jersey, especially if cell phone records or evidence might play a role in trying to convict the person. They can help a person form a rigorous criminal defense and understand how cell phone data could be used in their case.

Source: The New York Times, "Courts Divided Over Searches of Cellphones," Somini Sengupta, Nov. 25, 2012

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